Western Indemnity Co. v. Industrial Accident Commission
Western Indemnity Co. v. Industrial Accident Commission
Opinion of the Court
Certiorari to review proceedings and an award made by the Industrial Accident Commission.
The applicants before the commission were the father and mother of Byron J. Millard, who was accidentally killed while operating an automobile belonging to P. R. Kennedy. Kennedy was conducting at Long Beach, in the county of Los Angeles, an electrical business. The business was, at the time material here, being directly managed by the son of Kennedy. When he met with the accident which caused his death, young Millard was engaged in conveying to her home a friend of the Kennedy’s from a point in the city of Long Beach. He was performing this service at the direction of the younger Kennedy. Petitioner here was the insurance carrier which had agreed by its contract to respond to any damage which might accrue on account of injuries or death resulting therefrom suffered by any employee of the assured “in and during the course of and arising out of the operation of . the trade, business or work described.” In the schedule of statements which formed a part of the contract of insurance the business so covered was described as “Electrical Store—retail or combined wholesale and retail; Electrical Equipment—installation and repairs within buildings and on buildings incidental to such inside work, including the making of service connections for such work, excluding the installation of equipment in power plants.” The contract was made to cover the various enumerated classes of employees, including “chauffeurs and helpers.” Rodger Kennedy, the son of the assured, testified that on the day of the accident young Millard was at the electrical store in Long Beach and under his (Kennedy’s) direction; that a
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Miss Blevins had at a prior time worked as bookkeeper in the electrical store and that she had left Kennedy’s employ about a month and a half previous and gone to work for an oil company; that, learning that Miss Blevins was ill at her place of employment, young Kennedy instructed the chauffeur, Millard, to go and get her and take her to her home or her mother’s home, whichever she desired; that while performing this service Millard was killed.
The findings and award as against this petitioner are annulled.
Conrey, P. J., and Shaw, J., concurred.
Reference
- Full Case Name
- WESTERN INDEMNITY COMPANY (A Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION Et Al., Respondents
- Cited By
- 9 cases
- Status
- Published